Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Consideration - An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such agreement is not void...........
Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Sale deed is required to be registered i.e. a document required by law to be reduced to the form of a document - Therefore, no evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding or subtracting from its terms...........
Transfer of Property Act, 1882, Section 53A -- Entitlement to retain possession u/s 53-A of the Act - Agreement to sell - Once a party loses his right under agreement by dismissal of suit for specific performance, it would be inconsistent and incompatible with his right to remain in possession under the agreement...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint and impleadment of subsequent purchasers - Plaintiffs came to know about execution of sale deeds by defendants in favour of subsequent purchasers on perusal of written statement filed by defendants and thereafter applications in question were filed - Limitation..........
Agreement to sell -- Insufficiently stamped - Suit for specific performance - Agreement to sell in question is insufficiently stamped - Trial Court committed material illegality while decreeing the suit without considering the provisions of Ss.33, 35 of Stamp Act - Impugned order of trial Court held, dismissed - Trial Court directed to decide the suit afresh...........
Agreement to sell -- Specific performance - Ready and willing - Before a plaintiff can succeed in a suit for specific performance of contract, he has not only to aver but also prove that he was always ready and willing to perform essential terms of contract...........
Agreement to sell -- Ready and willing - Plaintiff is not required to tender the amount to defendant or to deposit the amount in Court - However, plaintiff is required to at least prove that he has the capacity and was prepared to perform his part of the contract...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff is required to disclose availability of balance sale consideration - Once plaintiff has not only failed to disclose but has refused to disclose, Court draws adverse inference against plaintiff...........
Agreement to sell -- Specific performance - It is an equitable relief - Once it is proved that plaintiff himself is guilty of delay and laches, then that itself is sufficient to disentitle him from the equitable relief...........
Agreement to sell -- Specific performance - Delay and latches - Defendant cancelled the agreement by sending notice which was duly received by plaintiff - Though plaintiff kept on replying to notices sent by defendants, but he did not take any positive step in order to get agreement to sell enforced - Even, defendant filed a suit for permanent injunction in which..........
